Types of companies in Hong Kong

Limited companies, partnerships, and sole proprietorship are the most common type of business structure in Hong Kong

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Types of companies in Hong Kong

Many investors are choosing to line their companies overseas, and one of the foremost popular destinations is Hong Kong. The best reason is for a gateway in entering the international market and for businesses to gain profit from Hong Kong’s tax-friendly jurisdiction. Hong Kong, being the world’s 9th largest economy, offers a really efficient and stable environment with the fashionable telecommunications and infrastructure also as a sound legal and administrative framework.

Along with the free-enterprise and free-trade economy, Hong Kong also features a trustworthy political environment and a non-intervening government policy. The business-friendly tax approach and system are attracting millions to try setting up a business in Hong Kong.

The process is additionally a really straightforward one. Once you've decided to include a corporation in Hong Kong , you'll choose the name and check if it's available, and incorporate a corporation within the Hong Kong Companies Registry within 24 hours.

But, the very initiative for an individual to start out a business is to make a decision on what the acceptable structure is and therefore the sort of Hong Kong company that might suit the business idea. it's vital to weigh the pros and cons of the business goals, in order that the proper structure is often selected.

The most common quiet Hong Kong business entities are limited companies, partnerships, and sole proprietorships. the businesses that an individual can open in Hong Kong including a Hong Kong limited liabilityCompany.

  • Limited Liability Company: Out of all the business entities mentioned above, the Hong Kong limited liability company is the most prevalent business in Hong Kong since it provides protection of the private assets from the liabilities and therefore the risks of the business and maybe a separate legal entity.
  • Sole Proprietorship: this sort of business entity may be a small scale and a low-risk business one, which is why the only proprietorships are straightforward to line up. But this business structure isn't something that's recommended for the entrepreneurs because it doesn't have a separate legal entity and also doesn't protect the private assets of the owner from the liabilities of the business.
  • Partnership: The business structure permits about two or more people to share the ownership of one HK limited company, enabling them to share the responsibility and even increase the power to boost funds needed by the business. But during this, the partners are individually and jointly responsible for the deeds of the other partners.
  • Foreign Company Office: Any foreign company that desires to possess a Hong Kong office can register a representative office, a subsidiary, or a branch office here.

Here you'll learn all about the varied sorts of business entities with a comparative overview in order that you'll choose the specified sort of Hong Kong company structure consistent with your needs.

Your selection of a specific type of Hong Kong company would be based entirely on the actual plans and situation. Circumstances like if an individual intends to conduct business activities for profit or if the person wishes to boost capital via external investment. Also the company’s business nature, size, structure and future plans should be taken under consideration. of these would profoundly influence the choice concerning the selection of a business entity. For this, the factors that require to be considered are:

  • The incorporations of a personal limited company is deemed because the most suitable option, and therefore the reason is straightforward – there are many benefits that override the continued compliance requirements.
  • In case an individual wants to create a small-scale business with a low-risk and needs to be the sole owner of the corporate alongside having sufficient financial resources on hand, it's simpler and easier for them to register the company as a Sole Proprietorship. But it's also important to notice that the liability is unlimited and there isn’t any protection of the private assets.
  • In case individual wishes to share the responsibility of a business that's running well, or just in case the person doesn’t have the specified financial resources, they will select the Limited Partnership company- different from a limited company, the liability remains unlimited.

Being the foremost popular sort of Hong Kong company, a limited liability company is often easily incorporated in Hong Kong by just registering the business with the Company Registry under the Companies Ordinance. This business may be a separate legal entity from the members of the organization. Under the indebtedness Company, there are two types that exist – a public company or a private company.

Out of these options, the foremost preferred sort of business in Hong Kong is the private Limited company. This is often thanks to the very fact that the liabilities of the owners are restricted to the assets that are within the company. Also, the private assets are shielded from the business liabilities.

Almost all of the tiny to medium-sized companies in Hong Kong are established as a personal company limited by shares. Due to its many benefits, this sort of Hong Kong company is chosen as the foremost as compared to the limited partnership and therefore the sole proprietorship.

The company limited by shares is legendary for conducting trade and business. Also, this company features a share capital that's distributed into a variety of shares of a specific value. The shareholders also called the owners (or investors) hold these shares and are entitled to share the profits of the business.

The shareholders also can obtain a dividend corresponding to the respective percentage of the shareholding within the organization. If there's any loss within the business, the shareholders will lose all the investment only up to the number of shares that they had put within the company.

The public company limited by shares is incorporated locally where the count of shareholders are often above 50. The rationale it's called a public company is since the debentures and therefore the shares are offered to the general public. Mostly, the medium or large private Hong Kong limited liability companies that have achieved significant growth within the market can prefer to take their company public. This is often done by expanding the shareholder base that they have.

Many of the public companies are placed on a public stock market. The listed or the public organizations that are subjected to stringent regulations because the capital is raised from the general public. The perks of this company are the convenience of implementing acquisitions and mergers, strong public perception, and straightforward access to capital. and therefore the disadvantages of the general public Hong Kong limited company are the continued statutory compliance, sharing of profits; expensive, complicated, and time-consuming to work and establish and public disclosure requirements.

Advantages

There are tons of benefits of a limited liability company that are shared below:

  • Tax Benefits and Incentives: Several tax benefits are available within the private limited company that is enjoyed by those who choose this Hong Kong company. The profit tax, also called the corporate tax, is 16.5% of the assessable profits for companies. And since Hong Kong follows the territorial basis of taxation, only the profits that are derived from Hong Kong are subjected to the tax. Aside from this, there isn’t any VAT or nuisance tax, withholding on the interest and dividends, and capital gains tax.
  • Easier Transfer of Ownership: the entire or partial transfer of the ownership of the companies are often done by selling a part or all of its shares, or can even be done via the issuance of the new shares to additional investors. The operations within the business can continue during this process while the legal documentation isn't complex in the least.
  • Positive Image: The private limited company is taken positively as compared to the partnership and the sole proprietorship. alongside this, the investors are happily willing to supply their resources to non-public HK Limited businesses.
  • Ease of Raising Capital: Business enlargement is assisted by the convenience of raising finances, and this will be by drawing in new shareholders or distributing more shares to the subsisting shareholders. alongside this, it's way easier for the Hong Kong limited liability company to realize bank loans as compared to the opposite business entity types.
  • Perpetual Succession: the company would still exist albeit there's a change within the memberships. An equivalent case is where the shares are often transferred, and therefore the shareholders can change, but there wouldn’t be any effect of it on the business operations. It tells that the company has a continuous sequence notwithstanding the insolvency, expiration, or resignation of the administrators or shareholders.
  • Separate Legal Entity: The private limited company has its own identity that's distinct from its members that permits limited liability companies to accumulate assets, sue or be sued in its own name, enter into contracts, and even enter debts. The accountability of the shareholders is confined to the number of their individual shareholdings or investment.

 

Disadvantages

Nothing is ideal within the world, which is how this sort of Hong Kong company also has its drawbacks that are shared below

  • Disclosure Requirements: the company would need to share some information that might be available to the general public. the knowledge just like the personal particulars of shareholders, secretary, directors, and other members, and therefore the capital structure that might be filled within the Companies Registry.
  • Ongoing Compliance: There are some statutory compliance obligations that the private limited company must adhere to.
  • Complex Winding-up Procedures: Closing this company is far costlier, regulated and sophisticated as compared to the opposite sort of company: sole proprietorship or partnership.

 

The sole proprietorship is deemed as the simplest and therefore the most accessible sort of business. From the name, it's known that the corporation is owned and operated by one person alone. albeit the only sort of business is that of a sole proprietorship, it's usually deemed as the riskiest business since there's no security of the private assets from the liabilities and therefore the risks that arise from the company. While the only proprietor accumulates all the profits from the organization, he's equally solely and personally liable for all the liabilities.

Due to this, there's an incredible financial risk which is why the aspiring entrepreneurs are strictly discouraged from taking over this sort of Hong Kong company. Altogether this, the registration of the only proprietorship in Hong Kong is comparatively easy and straightforward as compared to the opposite sort of Hong Kong company.

Nothing is ideal within the world, which is how this sort of Hong Kong company also has its drawbacks that are shared below

  • Disclosure Requirements: the company would need to share some information that might be available to the general public. the knowledge just like the personal particulars of shareholders, secretary, directors, and other members, and therefore the capital structure that might be filled within the Companies Registry.
  • Ongoing Compliance: There are some statutory compliance obligations that the private limited company must adhere to.
  • Complex Winding-up Procedures: Closing this company is far costlier, regulated and sophisticated as compared to the opposite sort of company: sole proprietorship or partnership.

 

Advantages

As mentioned above, the only proprietorship features a few advantages that stand out and that they are mentioned below in brief:

  • Ease of Termination: To terminate the only proprietorship is far easy, less costly , and fewer time-consuming as compared to the opposite business types.
  • Sole Beneficiary of Profits: the only proprietors don’t get to share profits derived from the corporate
  • Easy Decision Making: Since the only proprietor holds the whole control for the entire business affairs, the choice making is efficient and fast since there's no got to seek the approval from the other member within the team.
  • Simple to Establish: this sort of Hong Kong company is extremely easy and straightforward to set up thanks to the simple procedures.

 

Disadvantages

Like the good points in something, there are bad points in it also . Below are the disadvantages of the only proprietorship sort of Hong Kong business:

  • Sale/Transfer of All or a part of the Business: The business is often transferred by selling the business assets only.
  • The limited life of the Business: Since there isn’t any perpetual succession of the only proprietorship, if the owner expires, this company would cease to exist.
  • Limited Capital: Since the only source of capital during this business is from the private finances of the sole proprietor, and therefore the company generated profits, the limited working within the company makes the expansion and expansion hindered.
  • Unlimited Personal Liability: If there are debts within the business, there's no security of the private assets that the owner’s property.
  • No Separate Legal Entity: This company isn't a separate legal entity, and hence the business and therefore the owner is deemed together where the owner is susceptible to all the debts and the liabilities.

 

The partnerships are defined because the company that's co-owned and built by two or more people that get together to work a business with an idea of sharing the profits amid themselves. Governed by the Partnership Ordinance, the partnerships are explained briefly.

Advantages

The advantages of this sort of Hong Kong company has been shared below:

  • Combined Expertise: Productivity is often accomplished through powerful deciding by joining together all the expertise, knowledge, skills, and resources of the partners.
  • Greater Efficiency: better efficiency can be often obtained as the general partner has the entire freedom to work the corporate with no interruption and is responsible for the day-to-day business affairs and therefore the deciding of the business. This is often an excellent perk for the limited partners who have enough to take a position but don’t have any time or expertise needed for the company.
  • Ease of Raising Capital: The partners don't only depend upon the private sources for raising the capital. the opposite sources of the finance involve loans from the banks and therefore the partners extended by combined assets of all the partners.

 

Disadvantages

The disadvantages of this sort of Hong Kong company are explained precisely below:

  • Sharing Profits: Any profits that are available the business has to be shared among the partners.
  • Divided Goals and Opinions: The partnerships could split by those partners who oppose the operational procedures, business goals, and management strategies. the various personal controversies that have chances of arising during the progression of the business could hurt the corporate as a whole.
  • No protection of private assets: a bit like the sole-proprietorships, the partners during this sort of Hong Kong company are often personally in charge of the company’s losses and debts. alongside this, there's no protection of the private assets that will be used to pay off the losses and liabilities of the business. The assets are often the partners’ shares, cars, houses, etc.

The limited by guarantee sort of Hong Kong indebtedness company has no share capital. instead of the shareholders, the members of the corporate undertake the duty to donate a predetermined amount to the accounts of the business that grows due within the case of the firm being aroused. This sort of business has some excellent advantages like the members can enjoy indebtedness and preserve the democratic control on all matters. Usually for an association, charity, or other quite a nonprofit organization.

Advantages

The perks that make this company an honest choice for business in Hong Kong are:

  • No Shareholders: the rationale this is often an honest point is that the company can have guarantors instead of the shareholders, making this fitting for the voluntary sort of organizations. These people would comply with donating a hard and fast amount as a guarantee that might be used for the company debts for the insolvency of the firm.
  • Separate & Clear Legal Entity: this sort of Hong Kong company may be a separate entity that's not joint with the members, which suggests that the business can employ people, enter into leases and other contracts, hold property, etc., with its own name. Also, the administrators can change without affecting the business and its operations, since the corporation uses its name everywhere and not the director’s name.
  • Stable Structure: Usually, a corporation is taken into account by the general public agencies and therefore the funding bodies as a way more ‘stable’ structure than a voluntary association.

 

Disadvantages

Along with the great points, there are some drawbacks during this sort of Hong Kong company that are shared below in brief:

  • Time-Consuming Registration Procedures: This company type has formal registration procedures that need to be followed alongside the creation of the company and applying to be acknowledged as a charity.
  • Expensive Setup: a bit like the limited partnership, this sort of Hong Kong company has much higher costs as compared to the voluntary association or trust. alongside this, the annual prices also are high, especially just in case, there's an external company secretary and/or just in case a proper audit is required.
  • Standard Ongoing Requirements: it's to be notified to the Companies Registry if there are any alterations within the registered office, directors or maybe the company secretary. Likewise, annual returns and annual accounts need to be filed.

We can provide assistance within the company types, with our years of experience and expertise within the field of company formation. We offer services in forming a limited liability company, thanks to its numerous benefits and availability in incorporation for any nationality.